Agenda - 03-03-1999 - 9d - Laserfiche WebLink

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IM MACOM UurAUM L&C=r PAXM STM uuc= EPTING AND HACKNEY ATTOLNM Arras cov MEORS AX LAW 410 Alt"W ROAD Z a DuwI 1329 CMUTL MU, NOM CUOLT.tVA 27514 December 1, 1998 Mr. Ed Kerwin Executive Director Orange Water and Sewer Authority Carrboro, KC 27510 n 929-0323 FACSUULS 929 -3980 AM CODE 919 Re: Request for Compensation by Orange Grove Fire Department Dear Mr. Kerwin: I understand that the OWASA Board plans to consider the Orange Grove Fire Department's request that OWASA make regular payments to it to replace the revenues lost on the lands OWASA owns within the Fire District. I have considered whether such payments might be made consistent with the duties and constraints set out-for Water and Sewer Authorities by the General Statutes,-and I am of the opinion that such payments are authorized by the statutory language Authorizing authorities to "make and enter into contracts and agreements necessary or incidental to the performance of its duities and the execution of its powers" under -the- law. (G. S. 162A -6(11) . It is certainly within the Authority's powers to enter into agreements to assure the provision of adequate emergency services to protect its property.. The Orange Grove Fire Department provides fire. suppression services within an area where OWASA owns substantial improved and unimproved real property. The ability .of the fire - department to provide emergency services to OWASA property is directly related to the funds made available to it from tax receipts from land on the tax rolls in the district. The Board of Directors might find that OWASA's ownership removes a substantial. amount of valuable property from the tax wj rolls, and consequently reduces the funding, and therefore adversely affects the ability of the orange Grove Department to provide emergency services to land within the district. Therefore, the Board of Directors might determine to enter into an agreement to replace some or all of the funds lost by 17.12